Germany: railway company liable for black ice accident on platform

Michael Wukoschitz's picture

About to take a train from Solingen to Dresden, the plaintiff who had already bought her ticket for the train ride slipped on the platform because of black ice and got injured. After a claim against the company which owns the station premises was dismissed because that company had assigned its duties to clear the platforms from snow and ice to a third company, the plaintiff filed a new law suit against the railway company.

In judgement X ZR 59/11 of Jan. 17, 2012, the German Supreme Court (BGH) held that the contractual obligations of the railway company pursuant to the contract of carriage included safe boarding from and disembarking to the station platforms. The fact that these platforms were owned by a different company did not change these obligations. The railway company therfore was liable with regard to the accident.

Source: BGH press release 7-2012 of Jan. 17, 2012

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